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ARTICLE ID 194010

$________ – TRANSIT AUTHORITY NEGLIGENCE – 80-YEAR-OLD PLAINTIFF CLAIMS BUS DRIVER CLOSES DOORS ON PURSE AND PULLS AWAY AS SHE IS BOARDING, DRAGGING HER A SHORT DISTANCE AND CAUSING BILATERAL LOWER EXTREMITY

Queens County, NY

The 80-year-old plaintiff contended that as she was in the process of boarding the bus to return after going to a Bingo game, the defendant bus driver, who was looking to his left, closed the doors on her purse and pulled from the bus stop. The plaintiff contended that she was dragged a relatively short distance and suffered crush fractures to both lower legs. The defendant denied that the plaintiff’s version was accurate, and contended that the plaintiff tripped while running for the bus, suffering the injuries.

The defendant denied that the plaintiff’s version was accurate, and contended that the plaintiff was running for the bus when she tripped and fell on the sidewalk, suffering the injuries. The defendant denied that there was any contact between the bus and the plaintiff, and indicated in negotiations that it would present eyewitness testimony to support this position. The case settled, though, before any independent eyewitnesses gave an EBT.

The plaintiff argued that it was highly doubtful that she would run for the bus, and it should be accepted, and much more likely, that she had been waiting at the bus stop, and that the doors closed as she was attempting to board, resulting in her being dragged, The plaintiff’s orthopedic surgeon had concluded that the plaintiff could not have sustain the type of lower extremity fractures involved from tripping on the sidewalk while running, and that the nature of the injuries were much more consistent with the plaintiff’s version. The Queens County case would generally be bifurcated. The plaintiff made a motion for a unified trial, arguing that in view of the particular importance of the nature of the injuries on the liability issues, both liability and damages should be tried together.

The plaintiff was taken by ambulance to the hospital. The fractures on both legs were treated by way of open reduction and internal fixation. The plaintiff contended that, although the fractures healed, she will suffer very significant pain and difficulty ambulating. The plaintiff maintained that she was previously leading a very active retirement life, and has now been forced to greatly restrict her endeavors.The case settled while the plaintiff’s motion for a unified trial was pending for $6.________.

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